After three years of fruitful work, the "Regulations on the Construction and Protection of Electric Power in Hainan Province" was passed by the 22nd Meeting of the Standing Committee of the Fourth People's Congress of Hainan Province on May 31st, 2011, and it has been effective since August 1, 2011. Apply it.
The promulgation and implementation of the "Regulations" has provided a legal basis for the construction and protection of electric power in Hainan Province, and it is of great significance to serve as an electric power leader in the construction of Hainan International Tourism Island.
Difficulties: Legislation Lag Encountered Management Vacuum power is an important basic industry for national economic and social development. Power construction and protection are the preconditions and foundations for ensuring power supply. However, at present, China's nine current power laws, regulations and rules that are in line with the “PRC Power Law†are formulated under the traditional system of the power industry. With the establishment and improvement of the socialist market economy, the reform of the power management system has been deepened. With the rapid development of electric power technology, the lag between the legislation and the conflicts or inconsistencies with other relevant laws and regulations has gradually become apparent, which directly affects the effect of specific implementation.
At the same time, the current national electricity laws still have problems such as insufficient power and operability in terms of power construction, power facilities protection, and power protection. The relevant regulations are difficult to truly implement. For example, in the aspect of anti-tampering, the “Electricity Law†lacks specific criteria for determining the number of illegally-staggered criminal activities, resulting in a weak and ineffective fight against theft of power-related crimes, and increasingly ramping down theft. In addition, some important regulations, such as the "Power Supply Business Rules", are issued at a low institutional level and are not effective.
The reality is more worrying and anxious. With the increasingly obstructed power construction, the destruction of power facilities and theft, the phenomenon of power protection has seriously hampered the development of power grids and the services of power supply companies. Administrative enforcement power was once one of the effective means of power protection. However, in 1997, with the separate functions of government and enterprises, power companies no longer had administrative enforcement power. The law enforcement functions were handed over to various government agencies. Local government agencies had the power to perform administrative enforcement but they lacked. Sufficient manpower and material resources, although the power companies have professional teams, but because they do not have the power of administrative enforcement, resulting in "heroes are useless." The administrative enforcement of electricity once encountered a management vacuum.
Judging from the situation in Hainan Province, the Hainan provincial government has successively promulgated the “Circular on Strengthening the Protection of Electric Power Facilitiesâ€, the “Special Action Plan for Combating Theft and Destruction of Electric Power Facilities in Hainan Provinceâ€, and the “Theft to destroy railway power telecommunication facilitiesâ€. Crime Special Action Plan etc. These measures have played a deterrent role in combating the theft and destruction of power facilities. However, they have not risen to the level of the legal system, have not formed a long-term mechanism for the protection of power facilities, and have stolen or destroyed the illegal and criminal acts of power facilities and caused artificial damage to power facilities. There has been a serious impact on the safe operation of the power grid and the normal order of electricity supply and use. According to incomplete statistics, since 2009, there have been a total of 1,000 illegal and criminal acts of theft and destruction of power facilities in Hainan Province, and the direct economic losses have been as high as 5,846,300 yuan. The protection of power facilities is imminent.
Difficulties: Persistence, such as a three-year rubbing of the sword and a three-year legislative road, is not all the way, more is the hardships and hardships. However, all the workers who participated in the legislation did not retreat due to difficulties, never tirelessly, did not give up, and exchanged efforts for the smooth introduction of the "Regulations".
Time to prove the difficulty of the work.
According to the needs of the work, Hainan Power Grid Corporation proposed to the Hainan Provincial Electric Power Operation Authority in 2005 to formulate local regulations for power management. Three years later, in January 2008, some members of the CPPCC of the province proposed the “Cititical Proposal for Launching the Local Legislation Procedure for Hainan Electric Power†proposal of the CPPCC in the two sessions, and included the provincial government’s legislative pre-research plan in the following year, marking the protection of Hainan Electric Power. Sex regulations were officially launched.
In the past three years, members of the drafting team have visited Yunnan, Guizhou, Shaanxi, Beijing, Jiangsu, Heilongjiang and other places for investigations and learned the valuable experience of the advanced provinces of the legislature; successively held seminars at various levels and at various levels and solicit opinions. On 100 occasions, he fully listened to the views and suggestions of the community on legislation and revised the “Regulations†more than 30 times to reflect the rigorous nature of the legislation and ensure the quality of legislation. He established a legislative information communication system and Hainan Power Grid Corporation has more than 10 times successively. Communicated with provincial leaders of the provincial people's congress and provincial government to form a non-regular communication and dialogue mechanism among top leaders, which led to an orderly advancement of legislation.
The most critical and difficult part of the legislative process is to coordinate the interests of stakeholders. With the continuous development of the social economy, there are different situations involving land disputes, power outage disputes, electricity theft disputes, electric shock disputes, tree-clearing disputes, electricity tariff lateness disputes, and facilities interfering disputes during power construction and daily operations. The subject’s interest appeal. These disputes are often difficult to effectively solve in the current framework of power laws and regulations. Therefore, the legislative drafting team has solicited opinions from the departments of urban construction, forestry, gardens, and agricultural reclamation involved in the legislation of the Regulations for many times, covering urban planning, overall land planning, power grid construction, line corridors, tree barriers, compensation, etc. See, sincere communication, until all parties agree.
A hard-working harvest, persistent efforts in exchange for the "Regulations" as scheduled.
Liang: Innovation content breaks through the blind spot The "Regulations" draws on laws and regulations such as the "Electricity Law" and "Regulations on the Protection of Electric Power in Jiangsu Province", and innovates in many aspects based on the actual situation of Hainan Province in building an international tourist island.
Added the content of submarine cable protection and power protection. Compared with the “Regulations on the Protection of Electric Power Facilities†of the country, the protection content of electric power planning and construction is detailed, and the content of submarine cable protection and electric energy protection is added. Especially in terms of protection of submarine cables, it was the first province where the submarine cable protection was established as a special chapter. Since the cross-sea networking project of the Qiongzhou Strait was the link between Hainan Power Grid and the main grid of China Southern Power Grid, the operation of Hainan Lone Net was ended. Historically, the protection of submarine cables is particularly important. The Regulations define the scope of protected areas under different sea conditions and stipulate that marine, fishery, maritime, public security, and border defense agencies participate in the protection of submarine cables. All units or individuals engaged in offshore operations within the submarine cable protection zone should negotiate with the submarine cable property rights unit and reach a written agreement on related technical processing, protection measures and damages. The contents of this section were solicited from the opinion of the UHP company.
It is clear that the three departments are power administrative authorities. After the reform of the power system, the power administrative department was not clear. The power grid company was virtually understood as taking on administrative responsibility for power supervision in the region, which was related to the lack of specific and clear regulations on the electric power system reform and the original “Power Lawâ€. Article 3 of the "Regulations" clarifies that the development and reform administrative departments of the people's governments at or above the county level are responsible for the management of electric power construction within their respective administrative areas; the industrial and information administrative departments are responsible for electric power operation and protection and management within their respective administrative areas; the electric power regulatory agencies To supervise the power safety, power quality, and power supply service quality in this administrative area.
Clear the coordination responsibilities of the relevant units. In the process of power construction, its planning and construction must be closely linked with the planning and construction of other facilities such as urban reconstruction, road traffic, communications and communication, water conservancy and flood control, landscaping, and military defense, and it needs to be connected and matched in many ways. Disagreement between the industry conflicts and the opinions of the administrative departments that sometimes occur in real life often affect the layout and efficiency of various types of power facilities construction, and require the coordination of local governments. The "Regulations" stipulates that local governments at all levels have coordination responsibilities for power protection, and that relevant administrative law enforcement agencies such as planning, commodity prices, land, public security, forestry, quality and technical supervision shall cooperate with power construction and protection. At the same time, the "Regulations" in the first chapter of the third and fourth articles also further strengthened the government's emergency management of power accidents.
Strengthen the management of power facility protection areas. The "Regulations" give power companies the power to prune trees themselves. For newly planted or naturally grown high-stem plants that may jeopardize the safety of power facilities in power line protection areas, the property owner or manager of the electric power facilities shall obtain the consent of the administrative department of land and greening or the administrative department of forestry to directly follow the prescribed safety distance. Pruning, cutting, and no compensation or compensation shall be provided, but the power company shall report to the high pole plant manager and re-submit the relevant formalities within 3 days from the date of taking the measure.
Special: highlighting the characteristics of the "Regulations" in a total of seven chapters 48, the first chapter is the general rule, provides the principles of power construction and protection, provides the duties and other power management departments and other content; Chapter II for the power planning and construction It stipulates that the power development plan shall be incorporated into the urban and rural planning and overall land use planning, and mainly stipulates the treatment of mutual influence between electric power construction and other engineering constructions; Chapter 3 provides protection of electric power facilities, and stipulates protection measures and treatment of encounter relations, and mainly stipulates Responsibility of the Property Rights of Electric Power Facilities, Prohibitive Acts Endangering Electric Power Facilities, and Regulations on the Acquisition of Used Power Facilities and Equipment; Chapter 4 covers the protection of submarine cables. This is the legislative initiative of our province and provides for submarine cable protection areas, which are mainly stipulated in submarine cable protection. The prohibited acts in the district; the fifth chapter is the protection of electric energy, which stipulates the principle of scientific electricity use, safe electricity use, and conservation of electricity for the supply and use of electricity. The power supply company guarantees the quality of electricity, user convenience, continuous supply obligations, and suspension of electricity supply. Obligation of prior notice, suspension of power supply under special circumstances, and timely restoration of power supply The installation and security of electric metering devices prohibits theft of electricity and the calculation of electricity theft. The sixth chapter is the legal responsibility. It mainly stipulates the legal liability for different principals who violate the provisions of the Regulations, and stipulates the content of electrical energy protection. The corresponding legal liability clauses; Chapter VII is an annex.
The “Regulations†focuses on the main body of power protection, the classification and establishment of power signs, violation of power protection behavior and legal responsibilities, land use coordination and mutual obstruction of facilities, crossing of lines and buildings and high pole plants, and the definition of power theft , Encourage the conservation of electricity, and support existing renewable energy development, pre-receipt of electricity bills, installation of pre-receiving devices, and other issues related to existing power development and facility protection. Compared with the local regulations for comprehensive power protection in other provinces in China, the “Regulations†combines the specific conditions of economic and social development in Hainan Province, highlighting Hainan’s characteristics and being more maneuverable.
Crack the power construction problem. The "Regulations" mainly start from the "electric power construction" and "power protection" perspectives to protect the legitimate rights and interests of power investors, operators, users and other interested parties. The "Regulations" focuses on solving the power construction problem firstly. Article 6-7 of the "Regulations" stipulates that the competent government departments at all levels shall formulate the province's electric power development plan, urban and rural electric power construction plan, and incorporate it into urban and rural planning, overall land use planning, and marine functional zoning. , As well as coordination with forestry, water conservancy, telecommunications, and other planning, reserved construction land and electric corridor corridors for power construction. Article 8 of the "Regulations" regulates the planning permission, construction permit, sea area use permit, environmental impact assessment, safety assessment, and project quality supervision of electric power facilities construction, and makes up for the inadequacies of the national legislation in this respect.
Mutual obstacles to new processing mechanisms. Articles 9-13 of the Regulations regulate the mutual obstruction of power facilities and other facilities. The highlight is that in the process of power construction, disputes cannot be settled through negotiation, and measures such as “levying†can be adopted to resolve such disputes.
The classification of the signs and the main body of establishment were clarified. The classification of electric power signs by the original laws and regulations is unscientific, and the main body for the establishment of the power is inoperable. Article 14 of the "Regulations" clarifies two types of signs for protection and warning. The main body for the establishment of protection signs is "electric power enterprises and other power facilities owners or managers". The main body of warning signs is "electric power facility owners or managers". . At the same time, the location and location of the two types of signs are clarified.
Encourage and support renewable energy generation technologies. In order to alleviate the increasingly binding resources and environment, Article 27 of the "Regulations" stipulates that governments at all levels and their relevant departments shall encourage and support technological innovations that conserve electricity and protect electricity, and support the conversion of renewable energy into new energy. With regard to the promotion of technology, power grid companies should sign a grid-connected agreement with renewable energy power generation enterprises that have obtained administrative licenses in accordance with the law or filed for the record, and have purchased the full amount of grid-connected renewable energy grid-connected power generation projects within their power grids.
Violation of the classification and punishment of electrical protection. This issue is the main content of power protection legislation. The previous provisions of this regulation in all power regulations can be summed up using the word "disorderly". The "Regulations" combined Hainan's years of practical experience (such as the "Kaming Lamp"), combed and summarized all kinds of behaviors that violated the protection of electricity, and formulated specifications for scientific classification and appropriate punishment.
Article 15-21 of the Regulations provides basic protections such as the protection of transmission and transmission facilities, the prohibition of planting of tall poles, the accumulation of endangered items, the pruning of felled trees, the regulation of green trees, the acts subject to examination and approval, and the tower and tower stations. There are seven types of banned behaviors, including the regulation of pipeline crossings and the erection of identical poles, acquisition of used power facilities, etc., and the appropriate penalties are stipulated in the chapter on legal liability. This stipulates that the “disorderly†norm that can only be found in a number of laws and regulations will be more systematically and completely set up in a single regulation, which will greatly increase the efficiency and operability of the regulations.
Strengthen the fight against electricity theft. The provisions of Articles 29-31 of the Regulations on the fight against theft of electricity are more intensified than the original regulations. As for how to determine the time for electricity theft, how to determine the time for electricity theft, the regulations have improved the criteria set out in Article 103 of the "Power Supply Business Rules", that is, electricity for production and operation is changed from 12 hours per day to 18 hours per day. Other electricity use was changed from 6 hours per day to 12 hours per day in order to increase penalties for electricity theft. At the same time, in order to combat the illegal acts of selling electric wires and cables from the source, the “Regulations†set two penalties and stipulates the most stringent administrative penalties, namely the abolition of their operating qualifications. Such stringent administrative penalties are China's current comprehensive power protection regulations are rare.
There have been new measures for the advance payment of electricity. The prepayment of electricity and the installation of prepayment devices are among the effective measures to prevent and reduce the arrears of electricity charges. This early practice does not violate the principle of jurisprudence, but there is no clear basis in the current laws and regulations, making this measure unfair. Article 32 of the "Regulations" stipulates: "The power supply enterprise may, in accordance with the specific circumstances, negotiate with the user to determine the pre-acquisition method to collect electricity charges." Its jurisprudential basis is the civil law principle of "party autonomy." Make this effective measure a justifiable and lawful measure.
The promulgation and implementation of the "Regulations" has provided a legal basis for the construction and protection of electric power in Hainan Province, and it is of great significance to serve as an electric power leader in the construction of Hainan International Tourism Island.
Difficulties: Legislation Lag Encountered Management Vacuum power is an important basic industry for national economic and social development. Power construction and protection are the preconditions and foundations for ensuring power supply. However, at present, China's nine current power laws, regulations and rules that are in line with the “PRC Power Law†are formulated under the traditional system of the power industry. With the establishment and improvement of the socialist market economy, the reform of the power management system has been deepened. With the rapid development of electric power technology, the lag between the legislation and the conflicts or inconsistencies with other relevant laws and regulations has gradually become apparent, which directly affects the effect of specific implementation.
At the same time, the current national electricity laws still have problems such as insufficient power and operability in terms of power construction, power facilities protection, and power protection. The relevant regulations are difficult to truly implement. For example, in the aspect of anti-tampering, the “Electricity Law†lacks specific criteria for determining the number of illegally-staggered criminal activities, resulting in a weak and ineffective fight against theft of power-related crimes, and increasingly ramping down theft. In addition, some important regulations, such as the "Power Supply Business Rules", are issued at a low institutional level and are not effective.
The reality is more worrying and anxious. With the increasingly obstructed power construction, the destruction of power facilities and theft, the phenomenon of power protection has seriously hampered the development of power grids and the services of power supply companies. Administrative enforcement power was once one of the effective means of power protection. However, in 1997, with the separate functions of government and enterprises, power companies no longer had administrative enforcement power. The law enforcement functions were handed over to various government agencies. Local government agencies had the power to perform administrative enforcement but they lacked. Sufficient manpower and material resources, although the power companies have professional teams, but because they do not have the power of administrative enforcement, resulting in "heroes are useless." The administrative enforcement of electricity once encountered a management vacuum.
Judging from the situation in Hainan Province, the Hainan provincial government has successively promulgated the “Circular on Strengthening the Protection of Electric Power Facilitiesâ€, the “Special Action Plan for Combating Theft and Destruction of Electric Power Facilities in Hainan Provinceâ€, and the “Theft to destroy railway power telecommunication facilitiesâ€. Crime Special Action Plan etc. These measures have played a deterrent role in combating the theft and destruction of power facilities. However, they have not risen to the level of the legal system, have not formed a long-term mechanism for the protection of power facilities, and have stolen or destroyed the illegal and criminal acts of power facilities and caused artificial damage to power facilities. There has been a serious impact on the safe operation of the power grid and the normal order of electricity supply and use. According to incomplete statistics, since 2009, there have been a total of 1,000 illegal and criminal acts of theft and destruction of power facilities in Hainan Province, and the direct economic losses have been as high as 5,846,300 yuan. The protection of power facilities is imminent.
Difficulties: Persistence, such as a three-year rubbing of the sword and a three-year legislative road, is not all the way, more is the hardships and hardships. However, all the workers who participated in the legislation did not retreat due to difficulties, never tirelessly, did not give up, and exchanged efforts for the smooth introduction of the "Regulations".
Time to prove the difficulty of the work.
According to the needs of the work, Hainan Power Grid Corporation proposed to the Hainan Provincial Electric Power Operation Authority in 2005 to formulate local regulations for power management. Three years later, in January 2008, some members of the CPPCC of the province proposed the “Cititical Proposal for Launching the Local Legislation Procedure for Hainan Electric Power†proposal of the CPPCC in the two sessions, and included the provincial government’s legislative pre-research plan in the following year, marking the protection of Hainan Electric Power. Sex regulations were officially launched.
In the past three years, members of the drafting team have visited Yunnan, Guizhou, Shaanxi, Beijing, Jiangsu, Heilongjiang and other places for investigations and learned the valuable experience of the advanced provinces of the legislature; successively held seminars at various levels and at various levels and solicit opinions. On 100 occasions, he fully listened to the views and suggestions of the community on legislation and revised the “Regulations†more than 30 times to reflect the rigorous nature of the legislation and ensure the quality of legislation. He established a legislative information communication system and Hainan Power Grid Corporation has more than 10 times successively. Communicated with provincial leaders of the provincial people's congress and provincial government to form a non-regular communication and dialogue mechanism among top leaders, which led to an orderly advancement of legislation.
The most critical and difficult part of the legislative process is to coordinate the interests of stakeholders. With the continuous development of the social economy, there are different situations involving land disputes, power outage disputes, electricity theft disputes, electric shock disputes, tree-clearing disputes, electricity tariff lateness disputes, and facilities interfering disputes during power construction and daily operations. The subject’s interest appeal. These disputes are often difficult to effectively solve in the current framework of power laws and regulations. Therefore, the legislative drafting team has solicited opinions from the departments of urban construction, forestry, gardens, and agricultural reclamation involved in the legislation of the Regulations for many times, covering urban planning, overall land planning, power grid construction, line corridors, tree barriers, compensation, etc. See, sincere communication, until all parties agree.
A hard-working harvest, persistent efforts in exchange for the "Regulations" as scheduled.
Liang: Innovation content breaks through the blind spot The "Regulations" draws on laws and regulations such as the "Electricity Law" and "Regulations on the Protection of Electric Power in Jiangsu Province", and innovates in many aspects based on the actual situation of Hainan Province in building an international tourist island.
Added the content of submarine cable protection and power protection. Compared with the “Regulations on the Protection of Electric Power Facilities†of the country, the protection content of electric power planning and construction is detailed, and the content of submarine cable protection and electric energy protection is added. Especially in terms of protection of submarine cables, it was the first province where the submarine cable protection was established as a special chapter. Since the cross-sea networking project of the Qiongzhou Strait was the link between Hainan Power Grid and the main grid of China Southern Power Grid, the operation of Hainan Lone Net was ended. Historically, the protection of submarine cables is particularly important. The Regulations define the scope of protected areas under different sea conditions and stipulate that marine, fishery, maritime, public security, and border defense agencies participate in the protection of submarine cables. All units or individuals engaged in offshore operations within the submarine cable protection zone should negotiate with the submarine cable property rights unit and reach a written agreement on related technical processing, protection measures and damages. The contents of this section were solicited from the opinion of the UHP company.
It is clear that the three departments are power administrative authorities. After the reform of the power system, the power administrative department was not clear. The power grid company was virtually understood as taking on administrative responsibility for power supervision in the region, which was related to the lack of specific and clear regulations on the electric power system reform and the original “Power Lawâ€. Article 3 of the "Regulations" clarifies that the development and reform administrative departments of the people's governments at or above the county level are responsible for the management of electric power construction within their respective administrative areas; the industrial and information administrative departments are responsible for electric power operation and protection and management within their respective administrative areas; the electric power regulatory agencies To supervise the power safety, power quality, and power supply service quality in this administrative area.
Clear the coordination responsibilities of the relevant units. In the process of power construction, its planning and construction must be closely linked with the planning and construction of other facilities such as urban reconstruction, road traffic, communications and communication, water conservancy and flood control, landscaping, and military defense, and it needs to be connected and matched in many ways. Disagreement between the industry conflicts and the opinions of the administrative departments that sometimes occur in real life often affect the layout and efficiency of various types of power facilities construction, and require the coordination of local governments. The "Regulations" stipulates that local governments at all levels have coordination responsibilities for power protection, and that relevant administrative law enforcement agencies such as planning, commodity prices, land, public security, forestry, quality and technical supervision shall cooperate with power construction and protection. At the same time, the "Regulations" in the first chapter of the third and fourth articles also further strengthened the government's emergency management of power accidents.
Strengthen the management of power facility protection areas. The "Regulations" give power companies the power to prune trees themselves. For newly planted or naturally grown high-stem plants that may jeopardize the safety of power facilities in power line protection areas, the property owner or manager of the electric power facilities shall obtain the consent of the administrative department of land and greening or the administrative department of forestry to directly follow the prescribed safety distance. Pruning, cutting, and no compensation or compensation shall be provided, but the power company shall report to the high pole plant manager and re-submit the relevant formalities within 3 days from the date of taking the measure.
Special: highlighting the characteristics of the "Regulations" in a total of seven chapters 48, the first chapter is the general rule, provides the principles of power construction and protection, provides the duties and other power management departments and other content; Chapter II for the power planning and construction It stipulates that the power development plan shall be incorporated into the urban and rural planning and overall land use planning, and mainly stipulates the treatment of mutual influence between electric power construction and other engineering constructions; Chapter 3 provides protection of electric power facilities, and stipulates protection measures and treatment of encounter relations, and mainly stipulates Responsibility of the Property Rights of Electric Power Facilities, Prohibitive Acts Endangering Electric Power Facilities, and Regulations on the Acquisition of Used Power Facilities and Equipment; Chapter 4 covers the protection of submarine cables. This is the legislative initiative of our province and provides for submarine cable protection areas, which are mainly stipulated in submarine cable protection. The prohibited acts in the district; the fifth chapter is the protection of electric energy, which stipulates the principle of scientific electricity use, safe electricity use, and conservation of electricity for the supply and use of electricity. The power supply company guarantees the quality of electricity, user convenience, continuous supply obligations, and suspension of electricity supply. Obligation of prior notice, suspension of power supply under special circumstances, and timely restoration of power supply The installation and security of electric metering devices prohibits theft of electricity and the calculation of electricity theft. The sixth chapter is the legal responsibility. It mainly stipulates the legal liability for different principals who violate the provisions of the Regulations, and stipulates the content of electrical energy protection. The corresponding legal liability clauses; Chapter VII is an annex.
The “Regulations†focuses on the main body of power protection, the classification and establishment of power signs, violation of power protection behavior and legal responsibilities, land use coordination and mutual obstruction of facilities, crossing of lines and buildings and high pole plants, and the definition of power theft , Encourage the conservation of electricity, and support existing renewable energy development, pre-receipt of electricity bills, installation of pre-receiving devices, and other issues related to existing power development and facility protection. Compared with the local regulations for comprehensive power protection in other provinces in China, the “Regulations†combines the specific conditions of economic and social development in Hainan Province, highlighting Hainan’s characteristics and being more maneuverable.
Crack the power construction problem. The "Regulations" mainly start from the "electric power construction" and "power protection" perspectives to protect the legitimate rights and interests of power investors, operators, users and other interested parties. The "Regulations" focuses on solving the power construction problem firstly. Article 6-7 of the "Regulations" stipulates that the competent government departments at all levels shall formulate the province's electric power development plan, urban and rural electric power construction plan, and incorporate it into urban and rural planning, overall land use planning, and marine functional zoning. , As well as coordination with forestry, water conservancy, telecommunications, and other planning, reserved construction land and electric corridor corridors for power construction. Article 8 of the "Regulations" regulates the planning permission, construction permit, sea area use permit, environmental impact assessment, safety assessment, and project quality supervision of electric power facilities construction, and makes up for the inadequacies of the national legislation in this respect.
Mutual obstacles to new processing mechanisms. Articles 9-13 of the Regulations regulate the mutual obstruction of power facilities and other facilities. The highlight is that in the process of power construction, disputes cannot be settled through negotiation, and measures such as “levying†can be adopted to resolve such disputes.
The classification of the signs and the main body of establishment were clarified. The classification of electric power signs by the original laws and regulations is unscientific, and the main body for the establishment of the power is inoperable. Article 14 of the "Regulations" clarifies two types of signs for protection and warning. The main body for the establishment of protection signs is "electric power enterprises and other power facilities owners or managers". The main body of warning signs is "electric power facility owners or managers". . At the same time, the location and location of the two types of signs are clarified.
Encourage and support renewable energy generation technologies. In order to alleviate the increasingly binding resources and environment, Article 27 of the "Regulations" stipulates that governments at all levels and their relevant departments shall encourage and support technological innovations that conserve electricity and protect electricity, and support the conversion of renewable energy into new energy. With regard to the promotion of technology, power grid companies should sign a grid-connected agreement with renewable energy power generation enterprises that have obtained administrative licenses in accordance with the law or filed for the record, and have purchased the full amount of grid-connected renewable energy grid-connected power generation projects within their power grids.
Violation of the classification and punishment of electrical protection. This issue is the main content of power protection legislation. The previous provisions of this regulation in all power regulations can be summed up using the word "disorderly". The "Regulations" combined Hainan's years of practical experience (such as the "Kaming Lamp"), combed and summarized all kinds of behaviors that violated the protection of electricity, and formulated specifications for scientific classification and appropriate punishment.
Article 15-21 of the Regulations provides basic protections such as the protection of transmission and transmission facilities, the prohibition of planting of tall poles, the accumulation of endangered items, the pruning of felled trees, the regulation of green trees, the acts subject to examination and approval, and the tower and tower stations. There are seven types of banned behaviors, including the regulation of pipeline crossings and the erection of identical poles, acquisition of used power facilities, etc., and the appropriate penalties are stipulated in the chapter on legal liability. This stipulates that the “disorderly†norm that can only be found in a number of laws and regulations will be more systematically and completely set up in a single regulation, which will greatly increase the efficiency and operability of the regulations.
Strengthen the fight against electricity theft. The provisions of Articles 29-31 of the Regulations on the fight against theft of electricity are more intensified than the original regulations. As for how to determine the time for electricity theft, how to determine the time for electricity theft, the regulations have improved the criteria set out in Article 103 of the "Power Supply Business Rules", that is, electricity for production and operation is changed from 12 hours per day to 18 hours per day. Other electricity use was changed from 6 hours per day to 12 hours per day in order to increase penalties for electricity theft. At the same time, in order to combat the illegal acts of selling electric wires and cables from the source, the “Regulations†set two penalties and stipulates the most stringent administrative penalties, namely the abolition of their operating qualifications. Such stringent administrative penalties are China's current comprehensive power protection regulations are rare.
There have been new measures for the advance payment of electricity. The prepayment of electricity and the installation of prepayment devices are among the effective measures to prevent and reduce the arrears of electricity charges. This early practice does not violate the principle of jurisprudence, but there is no clear basis in the current laws and regulations, making this measure unfair. Article 32 of the "Regulations" stipulates: "The power supply enterprise may, in accordance with the specific circumstances, negotiate with the user to determine the pre-acquisition method to collect electricity charges." Its jurisprudential basis is the civil law principle of "party autonomy." Make this effective measure a justifiable and lawful measure.
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